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How to store a will?

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TXredbeard

Junior Member
What is the name of your state (only U.S. law)? Texas
My wife and I just created our wills and will sign them (with Notary and Self Proving Affidavit) tomorrow. We don't have a safe deposit box and probably won't have one set up before my wife and I fly overseas. We want to make sure the arrangements in our will are honored for our 3 year old daughter in case something should happen to us.

I've read (online) that it isn't a good idea to make copies of a signed will because this can complicate the process of creating a new one. However, I'd like to have my mother (the only relative who lives in the same state) keep the original, and keep a copy of the signed will in our safe and scanned to our PC. This way if our house burns down, etc. there is still a will. I'd also like to have a backup plan in case my mother lost the original or something else happened to it.

If we make changes to our will, we should be able to get the copy my mother keeps to destroy it. Also, she isn't a beneficiary of the will (but she is named as an executor). Is this a really bad idea to keep a signed copy in our safe and on our computer? My logic is, we would want to get the original from her either way, and so long as we are alive we will know where the copy is. Am I missing something here?

Any advice would be greatly appreciated. Thanks!
 


curb1

Senior Member
Your logic is fine. You mainly want it in a different location than where you would die and the will would be destroyed simultaneously. If the original is destroyed and you live and have copies, you can always type up another and have it witnessed and notarized.
 

TXredbeard

Junior Member
Thanks curb1

Would the copy of the signed original carry any weight if we passed away and the original were somehow lost?
 

curb1

Senior Member
You asked, "Would the copy of the signed original carry any weight if we passed away and the original were somehow lost? "

I don't know how Texas treats a copy of the original. Some states honor a copy of the will, I believe. Someone else can give you more accurate guidance. But, I think it is a mistake that many people make in keeping their will location secret, or undisclosed. My children all have a copy of our trust and will. They all know the exact location, also.
 

FlyingRon

Senior Member
My will and my trust documents are in a fire safe in the hall closet. My wife and the alternate trustees/executors know where this is and what the combo to the same is.
 

BlondiePB

Senior Member
What is the name of your state (only U.S. law)? Texas
My wife and I just created our wills and will sign them (with Notary and Self Proving Affidavit) tomorrow. We don't have a safe deposit box and probably won't have one set up before my wife and I fly overseas. We want to make sure the arrangements in our will are honored for our 3 year old daughter in case something should happen to us.

I've read (online) that it isn't a good idea to make copies of a signed will because this can complicate the process of creating a new one. However, I'd like to have my mother (the only relative who lives in the same state) keep the original, and keep a copy of the signed will in our safe and scanned to our PC. This way if our house burns down, etc. there is still a will. I'd also like to have a backup plan in case my mother lost the original or something else happened to it.

If we make changes to our will, we should be able to get the copy my mother keeps to destroy it. Also, she isn't a beneficiary of the will (but she is named as an executor). Is this a really bad idea to keep a signed copy in our safe and on our computer? My logic is, we would want to get the original from her either way, and so long as we are alive we will know where the copy is. Am I missing something here?

Any advice would be greatly appreciated. Thanks!
Check with your county courthouse (probate division) and inquire whether you can deposit your will there now.

Most states do not accept a signed copy of a will. Certified copies are acceptable. Place a certified copy or the original in a safety deposit box.
 

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